HB-5011, As Passed Senate, March 29, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5011

     A bill to amend 1972 PA 230, entitled

"Stille-DeRossett-Hale single state construction code act,"

by amending section 2a (MCL 125.1502a), as added by 1999 PA 245,

and by adding section 9.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2a. (1) As used in this act:

     (a) "Agricultural or agricultural purposes" means of, or

pertaining to, or connected with, or engaged in agriculture or

tillage which that is characterized by the act or business of

cultivating or using land and soil for the production of crops for

the use of animals or humans, and includes, but is not limited to,

purposes related to agriculture, farming, dairying, pasturage,

horticulture, floriculture, viticulture, and animal and poultry

husbandry.

     (b) "Application for a building permit" means an application

for a building permit submitted to an enforcing agency pursuant to

this act and plans, specifications, surveys, statements, and other

material submitted to the enforcing agency together or in

connection with the application.

     (c) "Barrier free design" means design complying with legal

requirements for architectural designs which that eliminate the

type of barriers and hindrances that deter persons with

disabilities from having access to and free mobility in and around

a building or structure.

     (d) "Board of appeals" means the construction board of appeals

of a governmental subdivision provided for in section 14.

     (e) "Boards" means the state plumbing board created in section

13 of the state plumbing act, 2002 PA 733, MCL 338.3523, the board

of mechanical rules created in section 3 of the Forbes mechanical

contractors act, 1984 PA 192, MCL 338.973, and the electrical

administrative boards board created in section 2 of the electrical

administrative act, 1956 PA 217, MCL 338.882, and the barrier free

design board created in section 5 of 1966 PA 1, MCL 125.1355.

     (f) "Building" means a combination of materials, whether

portable or fixed, forming a structure affording a facility or

shelter for use or occupancy by persons, animals, or property.

Building does not include a building, whether temporary or

permanent, incidental to the use for agricultural purposes of the

land on which the building is located if it is not used in the

business of retail trade. Building includes the meaning "or a part

or parts of the building and all equipment in the building " unless

the context clearly requires a different meaning.

     (g) "Building envelope" means the elements of a building which

that enclose conditioned spaces through which thermal energy may be

transferred to or from the exterior.

     (h) "Building official" means an individual who is employed by

a governmental subdivision and is charged with the administration

and enforcement of the code and who is registered in compliance

with the building officials and inspectors registration act, 1986

PA 54, MCL 338.2301 to 338.2313. This individual may also be an

employee of a private organization.

(i) (h) "Business day" means a day of the year, exclusive of a

Saturday, Sunday, or legal holiday.

(j) (i) "Chief elected official" means the chairperson of the

county board of commissioners, the city mayor, the village

president, or the township supervisor.

(k) (j) "Code" means the state construction code provided for

in section 4 or a part of that code of limited application and

includes a modification of or amendment to the code.

(l) (k) "Commission" means the state construction code

commission created by section 3 3a.

(m) (l) "Construction" means the construction, erection,

reconstruction, alteration, conversion, demolition, repair, moving,

or equipping of buildings or structures.

(n) (m) "Construction regulation" means a law, act, rule,

regulation, or code, general or special, or compilation thereof,

enacted or adopted before or after January 1, 1973, by this state

including a department, board, bureau, commission, or other agency

thereof, relating to the design, construction, or use of buildings

and structures and the installation of equipment in the building or

structure. Construction regulation does not include a zoning

ordinance or rule issued pursuant to a zoning ordinance and related

to zoning.

(o) (n) "Cost-effective", in reference to section 4(3)(f) and

(g), means, using the existing energy efficiency standards and

requirements as the base of comparison, the economic benefits of

the proposed energy efficiency standards and requirements will

exceed the economic costs of the requirements of the proposed rules

based upon an incremental multiyear analysis . All that meets all

of the following provisions apply requirements:

     (i) The analysis shall take into consideration Considers the

perspective of a typical first-time home buyer.

     (ii) The analysis shall consider Considers benefits and costs

over a 7-year time period.

     (iii) The analysis shall Does not assume fuel price increases in

excess of the assumed general rate of inflation.

     (iv) The analysis shall assure Ensures that the buyer of a home

who qualifies would qualify to purchase the home before the

addition of the energy efficient standards would will still qualify

to purchase the same home after the additional cost of the energy-

saving construction features.

     (v) The analysis shall assure Ensures that the costs of

principal, interest, taxes, insurance, and utilities will not be

greater after the inclusion of the proposed cost of the additional

energy-saving construction features required by the proposed energy

efficiency rules as opposed to than under the provisions of the

existing energy efficiency rules.

(p) (o) "Department" means the department of consumer and

industry services licensing and regulatory affairs.

(q) (p) "Director" means the director of the department or an

authorized representative of the director.

(r) (q) "Energy conservation" means the efficient use of

energy by providing building envelopes with high thermal resistance

and low air leakage, and the selection of energy efficient

mechanical, electrical service, and illumination systems,

equipment, devices, or apparatus.

(s) (r) "Enforcing agency" means the enforcing governmental

agency that, in accordance with section 8a or 8b, which is

responsible for administration and enforcement of the code within a

governmental subdivision. , except However, for the purposes of

section 19, enforcing agency means the agency in a governmental

unit principally responsible for the administration and enforcement

of applicable construction regulations.

(t) (s) "Equipment" means plumbing, heating, electrical,

ventilating, air conditioning, and refrigerating equipment.

(u) (t) "Governmental subdivision" means a county, city,

village, or township which that, in accordance with section 8 8a,

has assumed responsibility for administration and enforcement of

this act and the code within its jurisdiction.

(v) (u) "Mobile home" means a vehicular, portable structure

that meets all of the following requirements:

     (i) Is built on a chassis pursuant to the national manufactured

housing construction and safety standards act of 1974, title VI of

the housing and community development act of 1974, Public Law 93-

383, 42 U.S.C. USC 5401 to 5426. , and

     (ii) Is designed to be used without a permanent foundation as a

dwelling when connected to required utilities. and which is,

     (iii) Is or is intended to be, attached to the ground, to

another structure, or to a utility system on the same premises for

more than 30 consecutive days.

(w) (v) "Other laws and ordinances" means other laws and

ordinances whether enacted by this state or by a county, city,

village, or township and the rules issued under those laws and

ordinances.

(x) (w) "Owner" means the owner of the freehold of the

premises or lesser estate in the premises, a mortgagee or vendee in

possession, an assignee of rents, receiver, executor, trustee,

lessee, or any other person, sole proprietorship, partnership,

association, or corporation directly or indirectly in control of a

building, structure, or real property or his or her duly authorized

agent.

(y) (x) "Person with disabilities" means an individual whose

physical characteristics have a particular relationship to limit

that individual's ability to be self-reliant in the individual's

movement throughout and use of the building environment.

(z) (y) "Premanufactured unit" means an assembly of materials

or products intended to comprise all or part of a building or

structure, and which that is assembled at other than the final

House Bill No. 5011 as amended March 29, 2012

location of the unit of the building or structures by a repetitive

process under circumstances intended to insure ensure uniformity of

quality and material content. Premanufactured unit includes a

mobile home.

(aa) (z) "Structure" means that which is built or constructed,

an edifice or building of any kind, or a piece of work artificially

built up or composed of parts joined together in some definite

manner. Structure does not include a structure incident to the use

for agricultural purposes of the land on which the structure is

located and does not include works of heavy civil construction

including, but not limited to, a highway, bridge, dam, reservoir,

lock, mine, harbor, dockside port facility, an airport landing

facility and facilities for the generation or transmission, or

distribution of electricity. Structure includes the meaning "or a

part or parts of the structure and all equipment in the structure "

unless the context clearly requires a different meaning.

     (2) Unless the context clearly indicates otherwise, a

reference to this act, or to this act and the code, means this act

and rules promulgated pursuant to this act including the code.

     Sec. 9. <<(1)>> A governmental subdivision may contract with a

private

organization to do 1 or more of the following on behalf of the

enforcing agency:

     (a) Receive applications for building permits.

     (b) Receive payments of fees and fines on behalf of the

governmental subdivision.

     (c) Perform plan reviews using plan reviewers registered under

the building officials and inspectors registration act, 1986 PA 54,

House Bill No. 5011 as amended March 29, 2012

MCL 338.2301 to 338.2313.

     (d) Perform inspections using inspectors registered under the

building officials and inspectors registration act, 1986 PA 54, MCL

338.2301 to 338.2313.

     (e) Approve temporary service utilities.

     (f) Make determinations that structures or equipment are

unsafe.

     (g) Process and deliver correction notices.

     (h) In emergency situations, issue orders to connect or

disconnect utilities.

     (i) In emergency situations, issue orders to vacate premises.

     (j) Process and deliver any of the following after its

issuance has been approved by the building official:

     (i) In nonemergency situations, orders to connect or disconnect

utilities.

     (ii) In nonemergency situations, orders to vacate premises.

     (iii) Building permits.

     (iv) Temporary or permanent certificates of use and occupancy.

     (v) Orders to suspend, revoke, or cancel a building permit or

certificate of occupancy.

     (vi) Violation notices.

     (vii) Notices to appear or show cause.

     (viii) Stop work orders.

     (ix) Orders to remedy noncompliance.

<<(2) Unless the governmental subdivision has a conflict of

interest ordinance that applies to a contract under subsection (1),

such a contract entered into or renewed after the effective date

of the amendatory act that added this subsection shall include or incorporate by reference conflict of interest provisions.>>